S . “© Republic of the Philippines & ‘Depanment of Environment and Natural Resources — Visayas Avent, Diliman, Quezon City ——— “Tol Nos. 1692) 929-66-26 to 29 + (632) 929-6252 "929-6620 = 929:66-33 10 35, 928-7041 10 43 : 0.8 OCT 2012 ADMINISTRATIVE ORDER No. 2012- 07-4 SUBJECT : AMENDMENT TO DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ADMINISTRATIVE ORDER NO. 2012-07 OR THE IMPLEMENTING RULES AND REGULATIONS OF EXECUTIVE ORDER NO. 79 Pursuant to Section 19 of Executive Order [EQ) No. 79 dated 06 July 2012, entitled “Institutionalizing and Implementing Reforms in the Philippine Mining Sector Providing Policies and_ Guidelines to Ensure Environmental Protection and Responsible Mining in the Utilization of Mineral Resources,” the following amendments fo ils implementing rules ‘and regulations as embodied in Department of Environment and Natural Resources (DENR) Administrative Order No. 2012-07, are hereby promulgated for the guidance and compliance of all concerned: Section 1. Section 3 [Definition of Terms) is hereby amended to include the definition of “Expired mining tenements" as Item ¢ after the definition of Environmental Mantigement Record. Consequently, the definition of “Fish refuge and sanctuaries" and the succeeding terms thereunder are redenominated as Items d, e, f and so forth. Section 3 shall, therefore, read as follows “Section 3. Definition of Terms ‘As used in and for purposes of these implementing rules and regulations, the following terms are defined accordingly: a. “Abandoned ores" refer to xx x: b. “Environmental management record” refers to x xx c. “Expired mining tenements" refer to mining contracis/ agreements which 25- or 50-year term has lapsed: Provided, that in case of the inilial 25-year teh, the mining contract/agreement shall be considered expired if the parties concerned fail to agree on the ferms of ihe renewal pursuant fo Sections 32 and 38 of Republic Act (RA) No. 7942, the Philippine Mining Act of 1995, and’oiher pertinent laws. Fish refuge and sancluaries" refer to x xx; ‘impact areas of mining” refer to xx x; ll Let's Go GreenSection 2. Section 7 (Grant of Mineral Agreements Pending New Legislation) is hereby amended to read as follows: “Section 7. Grant of Mineral Agreements Pending New Legislation No new mineral agreements shall be entered into until a legislation rationalizing existing revenue sharing. schemes and mechanisms shall have taken effect: Provided, thal no expansion of existing corttract areas shall be allowed by the DENR Secretary unless there is an imminent and/or threatened economic disruption, such as a shortage of critical commodities and raw materials, that could adversely affect priority government projects and/or economic activities as determined by the Economic Development Cabinet Cluster: Provided, further, that the National Government-Owned Mining Assets may be subject to the Financial or Technical Assistance Agreement (FTAA) in accordance with Section 9 of these implementing rules and regulations. xxx" Section 3. Section 9 (Opening of Areas for Mining through Competitive Public Bidding) is hereby amended lo read as follows: “Section 9: Opening of Areas for Mining through Competitive Public Bidding Section 2, Article Xit of the’ Constitution provides that the exploration, development and utilization of natural resources shall be under the full contra! of the State. Thus, the grant of mining fights and mining tenements over areas with known and verified mineral resources and reserves, including those owned by the Govemment and. all expired’ tenements, shall be undertaken through | “competitive public bidding. The mining contractiagreement that may be renewed shall be subject #0 existing laws, rules and regulations at the time of renewal: Provided, that mining contractors whose tenements are expiring from 01 September 2012 to 30 April 2013, shall be given thirty (30) Calendar days from the effectivity of these implementing rules and regulations fo file renewal applications: Provided, further, that those mining contractors whose tenements expire after 36 April 2013, shail file their renewal application not later than six (6) months prior to the expiry of their mining contracts/agreements, xe x" Section 4. Separability Clause li any clause, sentence, seclion or provision of these implementing tules and regulations is held or declared to be unconstitutional or invalid by @ competent court,..the remaining parts hereof shall not be affected thereby. o wma Poge 20f 3Section 5. Repealing and Amending Clause All orders, rules and regulations and issuances or paris thereof that are inconsistent with or contrary to the provisions of these implementing tules and regulations are hereby repealed or modified accordingly. Section 6. Effectivity These implementing rules and regulatioris shall take effect fifteen (15) days following its publication in a newspaper of general circulation and fifteen (15) days affer registration in the “Office of the National Administrative Register. mi PAJE Secretary \p @ a ii . Pages of 3